Hardy County, West Virginia - Will of John MATHIAS - 1819

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Transcribed and submitted by Joan Lutz <joanl@earthlink.net>, May 1999.


WILL OF JOHN MATHIAS
  In the name of God Amen.  I John Mathias being in good health and of sound
memory blessed be God for it but knowing the mortality of man do this
thirteenth day of July one Thousand eight hundred and seven make and ordain
this my last will and testament in manner and form following that is to say.
First of all I commend my spirit to Almight God that first gave it me and my
body to the earth to be buried in a christian like manner and all my just
debts to be paid out of my personal Estate.  Secondly I give and bequeath to
my beloved wife Barbara Mathias the one third part of my estate real and
personal to use at her discretion during her natural life or widowhood and
to my daughter Barbara Mathias, now Barbara Hushawe I give and bequeath the
sume of one dollar to be paid to her by my Executor out of my personal
Estate and to my beloved Grand Daughter Magdalean Mathias daughter of
Elizabeth Mathias I give and bequeath the plantation and land that I bought
of David Roberts to be equally divided between them according to quality let
each of them have his quantitiy and to my three Grand sons Joseph Mathias,
Jacob Mathias, and John Mathias sons of my deceased son John Mathias I give
and bequeath all my other lands but with this injuction that they are not to
possess the same wuntil they arrive to the age of twenty one years each of
them to come at his part so soon as he arrives at that age and each of them
to pay unto their sister Mathias the sume of one hundred and sixty six
dollars and fity cents to be paid in manner and form following that is to
say they are each of them to pay thirty dollars annually untill all shall be
paid and to allow their mother Barbara Mathias a comfortable maintainance
out of the said lands during her natural life or widowhood.  And I John
Mathias do revoke and disannul all other wills or testaments heretofore made
and make and ordain this to be my last will and testament and in order that
the same maybe carried into effect and fully executed I do hereby constitute
and appoint Lionel Branson and Jacob Miller of Hardy County and Commonwealth
of Virginia to be my Executor for the purpose afresaid In testimony whereof
I have hereunto set my hand and seal the day and year first above written.
his signed and sealed
                        John +Me Mathias  (seal) in the presence of
                     mark

George Lee
Simon Nicholls
Gabriel Bradigan
Jacob Lee

  I John Mathias do make this Codicil to and as a part of the foregoing Will
as followeth I nominate Constitute and appoint my friend Jonathan Branson
Executor of my said last will and testament in addition to those therein
Constituted and appointed and it is further my will and I do order that my
Grand daughter Magdalena Mathias daughter of my decd. daughter Elizabeth
Mathias  [_____ Magdalen Thiseman] shall have one hundred pound or $333.33
in addition to what I have allowed her in the above will I also wish and it
is my desire that my wife Barbara Mathias shall have her thirds at the
appraisement.
 In witness whereof I have hereunto set my hand and seal this 27th day of
August 1819.                                          his ___________
                            John  X  Mathias  (seal)John Delawche
                                mark


  At a court held for Hardy County the 12th day of October 1819 This last
Will and Testament of John Mathias deceased was presented in court with this
Codicil _____ by Jacob Miller Executor therein named and the said Will
proved by me oaths of Jacob Lee one of the Witnesses thereto.  The said
Codicil was proved by the oaths of Henry T_-vell  John Delwcles the
witnesses thereto.  And at a Court held for the said County the 9th day of
November 1819 the said will was further proved by the oath of Simon Nichols
another witness thereto the said Will & Codicil order to be recorded.  And
on the motion of the said Executor a Certificate is granted him for
obtaining a probate thereof in due form he having taken the oath of an
Executor together with Security entered into and acknowledged a bond
contioned as the law directs.
                                       Teste, Ed Williams    C W